The Sekondi High Court presided over by Justice Sedinam Agbemava has rescinded an earlier warrant issued by the court for the arrest of the Member of Parliament for Jomoro Constituency, Hon. Dorcas Affo-Toffey.
This comes after the Court earlier issued a warrant for the MP to be arrested following her absence from the hearing of a contempt case against her last Monday morning.
Madam Dorcas Affo-Toffey is currently standing trial over allegations of dual citizenship, which led to the filing of a lawsuit by Mr Joshua Emuah Kofie, a resident of Nuba-Mpataba in the Jomoro Constituency, who is represented in court by Lawyer Frank Davies.
According to the applicant, the Member of Parliament was not eligible to contest the 2020 Parliamentary Elections on grounds dual citizenship.
On June 22, 2021, the court directed the MP to present her documents to exonerate herself within 10 days.
However, the MP failed to present the required documents to the court and has also not been making herself available to the court whenever the case is called.
Due to the MP’s actions, the applicant’s lawyer, Frank Davies, requested that the court issue a bench warrant to compel her[Dorcas Affo-Toffey] to appear in court since she is undermining the court’s authority.
Her Ladyship, Sedinam Agbemava who presided over the court agreed with the plea of Lawyer Frank Davies and issued a bench warrant to compel Madam Dorcas Affo Toffey to appear before the court.
However, the MP was in court today in the company of some of her colleagues including Emmanuel Armah Kofi Buah, MP for Ellembelle, and James Agalga, MP for Builsa North.
During the brief proceedings, counsel for the respondent, Godwin Edudzi Tamakloe, who was also absent during the last sitting, prayed the court to rescind the warrant of arrest.
The court, therefore, acceded to the prayer and rescinded its decision on the warrant issued for the arrest of the Jomoro MP.
The court then adjourned the case to February 16, 2022, for the substantive application for contempt to be moved.
On 22nd June 2021, the NDC MP was ordered by a High Court in Sekondi to produce documents that prove the renunciation of her Ivorian citizenship.
The Sekondi High Court, presided over by Justice Dr Richard Osei Kyere, gave the MP 10 days to make available these documents.
The Hight Court’s order was made to help in an ongoing case where the legitimacy of Dorcas Affo-Toffey is being challenged to hold the position of a Member of Parliament in Ghana.
Hon. Dorcas Affo-Toffey was challenged for having dual citizenship, contrary to the expressed provision of Article 94 (2) (a) of the 1992 constitution of Ghana, which states that “a person shall not be qualified to be a member of Parliament if he or she – (a) owes allegiance to a country other than Ghana.”